dollar they earn. it would provide a huge boost to the economy and a huge boost to walmart because they're the people who shop at walmart. >> i wish i could talk to you longer, but i'm out of time. thank you for joining me this morning. and thank you for joining -- thank you for joining me. i'm carol costello. "legal view" with ashleigh banfield starts now. >> we now know that bronx kmun commute ter train was going 82 miles per hour as it headed towards a curve. may be soon we'll know why. could criminal charges be coming? also this hour, a real life season opera unfolding inside a comic book empire. accusing the boss of bullying

and filthy discrimination. and also a lawsuit headed to new york's supreme court claiming that prisoners are being held under inhuman conditions and deserve to go free. and did we mention that the image on your screen is the prisoner of which we're speaking? chimpanzees. we'll explain that one in a moment as well. hello, everyone. i'm ashleigh banfield. it's tuesday, december 3rd. a little more than two days after the first deadly wreck on new york's metro-north commuter rail line we know that the train was going much too fast and the brakes applied much too late. an somebody may have committed a crime. four people died in sunday's accident on a sharp bend in the tracks just ten miles from grand central terminal. here is the latest from renee

marsh. >> reporter: ntsb investigators continue searching for clues and questioning the train engineer william rockefeller for a second day in hopes of learning why this train was going so fast. >> the event recorders shows that the train was traveling at approximatelile 2 miles per hour. >> reporter: that's nearly three times the speed limit for the curving stretch of track. it's even higher than the maximum speed of 70 miles per hour in the straightaway north of the crash site. deepening the mystery, the ntsb says the train went from 60 to 82 miles per hour in two minutes before hitting the curve and jumping the tracks. >> for a train to be going 82 miles an hour around that curve is just a frightening thought. >> reporter: mechanical problem or human error? it's still too early to tell. investigators say the train made nine stops before jumping the

tracks and there were no reports of brake problems. according to a law enforcement official, rockefeller said he tried to brake, but the train didn't stop. the 20 year railroad veteran and coherent. result of drug and alcohol tests are not yet known. the ntsb will also look at whether fatigue was a factor. >> we will be developing what we call a 72-hour time line so that we have a good understanding of what sort of activities preceded this accident. >> reporter: sources tell cnn rockefeller's phone records have been subpoenaed. but based on a preliminary review, it was not believed he was on his phone. among the victims, jim lovell who was commuting to work on sunday morning. >> my dad was not a victim. he was a loving father. great dad. best friend. uncle. i'm so proud and blessed that i was able to call him my father.

>> and renee marsh joins me live now. the subpoenas that you mentioned for the engineer's phone records, can you expound on that a little bit? what are they asking for and have they issued the subpoenas? >> reporter: we know that they want those phone records because essentially what they want to know is was this person using their phone, were they distracted while the train was in operation? we know that the nypd as well as the bronx office are all investigating. if any charges are brought, the bronx d.a. will likely be the one to do it. and we know the ntsb is evaluating the train's brakes and also continue to interview rockefeller. yesterday they had to cut short their interview with him because of his emotional state. >> renee marsh porting for us live.

i want to get the legal view now from danny cevallos. here is this one. 82 miles per hour. criminal? big question mark. that's the big question for you. and this is too hard to see probably. there you go. take a look right here. they've got him circled. that's the driver walking past all the people who are on, you know, spine boards it looks like. so obviously some pretty stressful times for him ahead. not only what he's been through, but also what he's been to go through. can you walk me through how it might be different for him dealing with the feds. is he lawyered up at this point? should he be lawyered up at this point? >> sure he should. let's start with the criminal side of it. the district attorney is going to look for at least some level of negligence. it's not the same idea as the civil idea of negligence.

it's almost recklesses in. they're going to say did he do something that showed that he disreguarded a known risk. in the case of speeding, you can say if they're going 40 miles an over, they know they're doing something wrong but two miles an hour over, maybe simple negligence. in this case, i wouldn't be so quick to say it's 80 miles an hour on a 30 mile per hour curve. what did his bosses expect from him. what kind of timetable was he put under? did the other trains do at this turn? we've all driven and gotten off the offramp. it's always way below what everybody is doing on it. >> rarely go the posted speed of 30. >> a defense, his case will have to be that whatever the posted limit is it was safe at this particular speed. >> that matters? >> i think it should. violation of a statute can be a

per se element of negligence. you can prove negligence because he was speeding. but i would have to look at the curve and say what do other trains do on this curve. how long is he expected to get from point a to point b. how much time did he have to get between text. >> i bet all bets are off if he was tektsing or on the phone. >> take everything i just said and throw it out the window if he was on his phone. >> we're following breaking news that we've been watching for the last couple of days. paul walker, his autopsy is planned for later today. all at the same time, severe weathers are trying to figure out what on earth happened. what caused that crash that killed this amazing star, the "fast & furious" actor who ended in a fiery crash himself. we're digging up brand new details surrounding this crash. and there is almost nothing left of that car.

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so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. with 7 antioxidants to support cell health. one a day men's 50+. investigators are working vigorously to pinpoint just what it was that caused the fiery

crash that killed paul walker and killed roger rodas. in the autopsies for both of them are scheduled for later today. already the authorities have been able to rule out one very important thing, that is that a second vehicle was involved and also the theory of drag racing, that's ruled out. they're now focusing on speed. nischelle turner is going to walk us through the video of the crash. and i do want to prepare you, because if you're a fan, the moment of impact, might be a little tough to watch. >> reporter: fas cars and high octane driving. the keys of the "fast & furious" franchise. and possibly the cause of death for one of the stars. investigators say they believe the fiery crash that killed paul walker and a friend on saturday involved a single speeding car. his "fast & furious" co-star vin

diesel visited the crash site monday night. >> thank you for coming down here and showing that angel up in heaven how much you appreciated him. >> reporter: omg insider obtained this video showing the moment that the 2005 porsche carrera gt driven by rode yas slammed into a light pole. the l.a. county's sheriff department investigated and ruled out that it may have been a result of a street race. >> when they passed us there were no other cars around them at all. and there was only one car. and western listening for it. when they hit it a little bit, and you can hear their exhaust. there was only one car. >> the pavement where the crash occurred is scorched with skid marks though it's unclear if those were left by the car they were riding in. the oval like street has a reputation for being popular

with fast drivers. walker himself spoke about the kind of dangerous driving dep t depicted in the "fast & furious" back in 2001. >> nothing worse than 120 mile an hour blowout. it's just common sense. it's not worth the risk factor. >> i'm at st. marry's hospital. >> reporter: walker's new movie "hours" will open as plangsd. he had been working on the seventh installment on the "fast & furious." the future of that film now in question. but this scene has been leaked online showing walker at a funeral. >> no more funerals. >> just one more. >> reporter: walker leaves behind a devoted fan base, friends and close-knit family. his dad says they're overcome with grief. >> as a father that's the fewer that you always have, that one of your children will go before you. >> wow, that is really hard to

watch. >> uh-huh. but isn't that always a parent's fear that your child will go before you? >> and this is such a huge headline because this is a "fast & furious" star, high stakes, high speed and ultimately this crash. can you tell me a little bit about this vehicle. there's nothing left of it on the crash scene but this is not your average car that he was driving. >> not a porsche that you would see on the street. this is a $450,000 car, it was a performance car. not an everyday driving car. it was a show car. this car, the odometer on the car from the crash, 3200 miles on it. it was bild eight years ago. they only drove it about 200 miles a year. you know there that this was a special car. when you look at it and see the high performance of it and see what's left of it, it's incredible. >> you see that video and you realize that that was a fireball that we didn't see and a smoke

plume that was intense. >> absolutely. >> when we look at actors and movies, i think we all want to prejekt that they might have some of that in them. did we know much about him? it wasn't just a role for him? >> it's interesting. because paul walker -- we don't know a lot about him because he was such a private person. but what we do know is that he did love cars off screen as well. he was a self-described metal head. he called himself an adrenalin junky. he was a trained race car drive. he did race cars. he loved fast cars. he talked about that in interviews. but i was talking to people close to him yesterday, and they also said he had a motto and his motto was cars are meant to race on the track and not on the street. he believed in doing it in a controlled environment where you're supposed to. >> and what a budding career that was ahead of him.

that career was blooming and on its way. that's a real loss. and let us know when you learn about the investigation what they turn up. i know there's a lot more to it. nischelle turner reporting for us live. the president is going to go on something of, i think you can call it an obama care offensive. after two months of problems and really bad press over the website rollout that was a bit of a debacle, the white house says if wants to refocus the public on the benefits of the affordable care act. especially for young people. because that's key to this working. mr. obama says he's going to hold a conference this afternoon. and all of this comes after the supreme court says it's not going to take up the constitutionality of one of the key professions and that's the employer mandate. any minute now, a federal judge is expected to rule on whether detroit can move ahead with its chapter 9 bankruptcy.

you probably already heard, this is the largest city in u.s. history, detroit, ever to go broke. that's it. broke. it's $18 billion in debt. and if approved, this is going to allow the city of detroit to work out a plan to pay off the creditors, just like you and me. except those creditors are like unions, investors, pension funds. they may be paying them out like pennies on the dollar. just like you and me, but a lot bigger. when you think of the comic book with archie and veronica, you probably don't think of -- but that's exactly what they're saying about the ceo that they work for. and you have got to wait. when you hear what she allegedly calls some of the men in the office, you're going to be blushing brighter than the colors on that cover. g commitment to america. bp supports nearly 250,000 jobs here.

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are white men fair game for worker place discrimination? stop. think about it for a minute. white men, workplace. can they be discriminated against? because the top woman executive at this place, of the archie comics, says yeah. she claims that they are. and even while she's denying ever having harassed or bullied their white male employees, she says they're not a protected class. a group of them all sued her in october accusing her of

referring to men by their genitals. i'm going to quote the darn court papers. quote, the word penis became somewhat of a campaign slogan. and her preferred method of referring to the employees in lou of their names. the target of the suit, the ceo, she's telling us that this is all cruel and unusual and inaccurate. and she says white men aren't a protected class. that seems weird to me too. i'm going to bring in danny cevallos and joey jackson as well. i thought this was classic sexual harassment. why is there this protected class issue coming into it? no woman has ever come out with that debate that i know of. why would the men? >> you can be mean to or have an

unpleasant work environment for almost any reason in the world unless it's based on your membership in a protected class. we're all a member of a particular classes. and we can be discriminated against based on that. so, for example, if i was the single male in a gigantic corporation of females, i could be discriminated against loongs its based on my being a male. however, the bar for hostile work environment is much higher than the public thinks it is. in a case like this, where a supervisor, the boss, is using very gender specific language like the word you said, that might meet the -- >> it doesn't get a whole lot more gender specific than the "p" word. well, although if you're rob ford. >> the first thing that's

problematic is this, sticks and stones have very well break my bones, but names shall never harm me. there's something dual going on here. and they're claiming infliction of emotional distress. the other thing you have to establish adverse employment action. in the event -- >> the sticks and stones actually hurt, that they hurt. >> that they hurt and something happened to you. did you get demoted? did you lose something of value? i don't see that going on here. furthermore, claims about intentional infliction of emotional distress have to rise to more than calling someone by the name of their genitaled. i think there's a lot more here. there's a history here. what is that? there was a 2011 lawsuit between her and they're trying to oust her from the company. there was another suit pending where there was a member who was an intermediary between her and the company who wanted her ousted. i think there's a lot more than this simple employment case that

we're talking about. >> it is a hot mess. and it is better reading than the comics. and i'm a big fan of the comics. >> love archie. >> i hope they don't start sexing up these characters. because that's how i grew up. in the next five years, one industry plans to grow from a billion dollar business to a ten billion dollar business. >> there are a lot of stereotypes. you think it's a bunch of guys sitting around smoking pot in their offices? it's not like that. it's a real business. we're building a culture of excellence on campus. >> i caught your attention on the whole cannabis thing. we're going to go to colorado where the pot business is booming. /úññ [ female announcer ] we give you relief from your cold symptoms.

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okay. i need you to work with me for a minute here. i want you to set aside any stereotypes that you might have. but in colorado marijuana production is taking on the look and feel of a fortune 500 company. starting january 1st, coloradoans can get into the business of growing pot. the state for its part sees tax revenues and a lot of jobs. it's a growth industry in more ways than one. >> reporter: this is our venl at ative growth room. hes out to become captain of the country's newest growth industry. colorado's legal recreation pot

business. >> it's a factory of pot. >> it certainly is. >> reporter: he will be selling to users up to an ounce of colorado residents and a quarter ounce to out of state. it will be the first time ever anywhere in the world marijuana has been regulated from seed to sale. an experiment making colorado sort of a silicon valley for bought. >> it appears that you guys are bulky up in preparation for what happens january 1. >> ever one of my come pet teres is doing the same thing. >> reporter: and how much business did he expect? >> this is the future of medicine man. >> it's a state of the art facility. so advanced, they're expecting. >> and this is not enough to meet demand next year. we need to expand more. >> reporter: he would like to triple his supply. and he's not the only one.

>> this is the new world? what is this? >> this is sort of the future. >> reporter: it's an industry that expected to grow to $10 billion by 2018. companies thinking about how to consume pot in new ways. open pot -- and producing almost no smoke. >> we grew 1600% in 2013. >> 1600%. >> we'll do another 600% in revenue growth next year. >> reporter: they expect to double its work force in 2014. it's new offices taking a page from the.com book. >> there are a lot of stereotypes. this is real business. we are building a culture of excellence around cannabis. >> open vap 2 as expansion plans. a showcase facility on

colorado's cannabis corridor, aka, interstate 25. complete with a cannabis museum and gift shop. >> contracts being signed? >> yes. and money is changing hands. >> reporter: taxes on sales of marijuana products, everything from the smokeable stuff to the chocolates and sodas, expected to generate tens of millions in revenue for the state. every morning colorado's marijuana enforcement division jammed with people just hoping to get their licenses to work in the new industry. the agency is overwhelmed with applications. every aspect regulated. possession of an ounce or less legal anywhere within the state's borders. all the counties there in red still either banned or haven't yet decide if they're allow pot sales. for many here, it is still baby steps. >> we're hoping to provide a

model for other states as they elect to move forward with their own marijuana policy. >> reporter: the colorado experiment, taking root. the denver post as hired a recreational marijuana editor. and matt brown says noncoloradoans are excited to experience the new rocky mountain high. >> we anticipate next year on our guided tours -- >> reporter: this chef teaches some cannabis classes today. he sees more. >> can you see a day when there's a restaurant, alexander's. >> okay. fine. >> i would love that. i mean that's always been my goal. >> a goal that here in colorado could soon be reality. miguel marquez, cnn, denver. >> this just in to cnn,

cleveland kidnapper ariel castro, the one who held the three young women for nearly a decade, his death has been ruled suicide. not auto air rottic as fix wags in his prison cell. two independent experts concluded that it was an accident something gone wrong was inconclusive. he was found hanging by bed sheets. and they're saying it was nothing more than that, just a suicide. >> a battle playing out in a los angeles courtroom over who owns this. this is an andy what are hall portrait of farrah faucet. it's so fantastic that partner ryan o'neill testified yesterday that he's the rightful owner of that. the university of austin says

she bequeathed it to them. and they're accusing ryan o'neill of stealing it a week after she died of cancer. last week the big story was yucky weather. and now it's actually pretty nice. really nice. that's not the story for the west coast. the west coast is getting hammered with snow. and i can see it behind you, there, chad. and that's going to move right across the country, right? >> it's going to -- all the ski resorts are jumping up and down right now because they haven't had a lot of great seasons in a row. to get this much snow this early is a blessing for sure. yellowstone picked up 19 inches. duluth heights, minnesota, a different storm. the snow is just coming down. i love this area. this is my loveland pass. this is eisenhower tunnel area, i-70, colorado. it's been snowing there for a lot of the morning.

parts of utah, seeing snow on the benches. all of this coming in with significant warnings all the way from duluth all the way back tomy zu la. and that's the first part of the storm. it redevelops east of the mississippi and gives significant snow there as well, and a lot of ice for the middle part of the week. ashleigh? >> i'm bracing for it. but you know i'm canadian, so all of that seems normal in december. actually in june. chad myers, thank you for that, my friend. i guess thank you. so if you were tapping away on your computer yesterday, it went from cyber monday to mobile month. we all spent a whole lot of money yesterday. and for some of you out there, you did not pay sales tax for all of those fantastic bargains online. that's changing. and christine romans is going to explain to you whether it's going to affect you and why the courts are involved. and what would this pretty i'm thinking the ford fusion... ho, ho, ho!....the what?

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about a -- this just in. it's an important update on a health scare on board a flight from austin to phoenix. has to do with tb. casey wain joins me now. >> reporter: that's right.

very good news for the passengers thorpe onboard that flight who were told that a passenger had tb and had been exposed to it. and terrified a lot of passengers. health officials here now say that subsequent testing shows that the passenger did in fact not have tb and does not have tuberculosis. he has been released from the hospital late last night. he has now been cleared to travel again. you may wonder why were passengers told by the fire department here at the airport to get tested. because they were operating on information from the centers for disease control, which had put that passenger on a no-fly list. >> casey, that's good news. thank you for that. appreciate the update. one of the biggest perks of buying from amazon.com or other big web retailers, you don't obvious have to pay the sales

tax. it may not no longer be the case for everybody. because the u.s. supreme court on cyber monday said it is just not going to get involved in the state's efforts to force all of them to collect tax from you. we're not talking peanuts. it's estimated that states actually miss out on about $23 billion. that's just last year alone of uncollected taxes. half of them from online sales. and here with us business correspondent christine romans, and hln's legal analyst joey jackson. >> if you're a state, right, and you see someone say you're in new york andsying in their living room and they buy something or they drive amile away and they buy something online, you want the sales tax. now the supreme court is not going to not going to weigh into this debate where the web retailers say we don't think

people should have to pay sales tax on the purchases that people make online. and this has been the basis of the love on online shopping from the beginning. this is some way you don't have to buy sales tax. that i think is going to be going away. >> that's great for the shopper. that stinks for macy's, the brick and mortar company. >> sure. >> and those with -- the loser here are consumers. the losers up until now have been the bricks and mortar stores. >> and the supreme court never has to comment. >> they're the supreme court. >> christine and i were talking about this issue. and i think what we're doing is forcing congress to act. it's the purview of congress. and what they're saying is, look, we have a judicial job to do which is to determine

constitutionality. but you guys in congress, if you want you've formality among states, that's up for you to decide. and new york state, of course, we have the online tax and that was challenged. it was upheld by the court of appeals. in illinois, however, they attempted to model a law right after new york concerning online retailers and it was struck down. that's why there was some hope whenever there's a sorts of a patch work of different states having different laws, the supreme court steps in. but they said, you guys in congress, you decide. >> and you're looking at a 20-year-old ruling. >> that guy. >> and online commerce has changed so much since then. back then we said don't tax it because it will kill the internet. no one is going to kill the internet. >> the internet lives. >> it thiefz. and i love the timing that this all happened yesterday on cyber monday. brilliant minds. thank you both. just ahead getting what you

pay for. >> if i couldn't have a leg that looked like my own, i don't know that i would have recovered as well. >> a boston bombing survivor talks about the thousands of dollars needed for proth thetic limbs and the fact that most aren't covered by insurance and need to be replaced every few years. [ paper rustles, outdoor sounds ] ♪ [ male announcer ] laura's heart attack didn't come with a warning. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack, be sure to talk to your doctor before you begin an aspirin regimen. has some very special power. ♪ [ toys chattering ] it's filled with new duracell quantum batteries. [ toy meows ] [ dog whines ] [ toy meows ] these red batteries are so powerful... that this year they'll power all the hasbro toys donated to toys for tots.

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ever since the boston marathon bombings, we've been marveling at the resilience of the victims who made it through that horror. and heather abbott is one of them. her left leg was so damaged that she had part of it amp pew tated. this is a woman after my heart. she likes to rock those sexy high feels. and she is rocking those

>> i didn't look at it the at all from the, you know, the moment that it happened. >> heather abbott is talking about her left leg, amputated after the boston bombing. she wanted to remember it the way it was. before. >> you call yourself a professional heel wearer? >> i think i did call myself that once. >> really? >> and today she is, again. walking on four-inch stilettos on her prosthetic leg, nothing short of miraculous. take a close look. can you tell which one is manmade? >> i can go out in public now with part of my leg exposed and nobody's staring at it because they can't tell. you can kind of see where there's like shaving marks where you know somebody would have shaved. >> it looks life like. cosmetic color color matched to her skin tone down to the freckles and creases on the heel. heather now has four prosthetic

legs. >> this is my waterproof leg. and i wear this one in the shower. >> this one's for running, another for flats and one for high heels. >> i kind of feel like my old self again when i wear it. >> she had no idea she would get this far until advocate avi va drescher walked into her hospital room. >> she walked in with high heels in skinny jeans and i couldn't tell which leg was real and which wasn't. it really helped me think okay, i'm going to be able to do this. >> of course, can the priority when you lose a limb is how am i going to walk. beyond that is sort of a female rite of passage which is how am i going to feel pretty and sexy? how am i going to get a pedicure and wear a bathing suit. those are all normal questions. >> i mean, it feels like skin. >> some of the more cosmetic concerns that i had i wasn't as vocal about because they seemed sort of insignificant at the time. >> were you sort of embarrassed

to ask? >> i think i was asking if i was going to be able to wear a dress again didn't seem like an appropriate question. >> but it is, and here's why. >> for heather having a highly c met tick cover that matches her remaining leg was essential to her recovery. she is now able and has the confidence to go out in public. >> this isn't the norm for most amputees. not by a long shot with highly cosmetic prosthetics often not covered for insurance. for haerpth, it was a combination of insurance and donations. >> do you think everyone should be able to have a limb liking this covered by insurance? >> yeah, i do. if i couldn't have a leg that looked like my money, i don't know that i would have recovered, as well. it's upsetting to me that there are other men and women out there that aren't able to have a leg that looks like their own leg if that's what they want. >> heather estimates the total cost of her four prosthetics is

roughly $200,000. she'll need to replace them every three to five years and she'll fight for others who hope to get the prosthetics they want and need. poppy harlow, cnn, newport, rhode island. >> it's great to see heather in her circumstance now given what she's been through. i have some news in moments ago, a federal judge in detroit approved that city's plan for chapter 9 bruns. this was not unexpected, folks, but you look at a city like that, these are live pictures coming from our chopper courtesy of our affiliate wdiv, and you wonder honestly, a city like detroit rule the insolvent? it calls bankruptcy a chance for a fresh start and the judge is saying okay? ing that city, that beautiful city is $18 billion in debt. the judge's order says the city must continue to negotiate with its creditors including the unions and the pension funds. and the investors. there you go. it's a go, chapter 9 for

detroit. in the united states of america. who knew? when we come back, the lawsuit about these chimpanzees that everyone's talking about. are they will, in fact, like any other caged animal or do somehow chimpanzees deserve different rights and freedoms closer to those of humans? it is a fascinating study. let's look. to think about where their electricity comes from. they flip the switch-- and the light comes on. it's our job to make sure that it does. using natural gas this power plant can produce enough energy for about 600,000 homes. generating electricity that's cleaner and reliable, with fewer emissions-- it matters. ♪ yeah... try new alka seltzer fruit chews. they work fast on heartburn and taste awesome. these are good. told ya!

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is a chimpanzee a person? and before you answer that, you got to look at it a different way because there is a rights group fighting to prove that is

exactly what they are, at least kind of. the group is seeking the status of "legal person" for chimpanzees being held in captivity and filed an unprecedented lawsuit in new york's -- supreme court. >> listen to this. this is not a joke. this is not going to be tossed out quickly. why is that. >> when i first heard of this case, my initial impression i'll bet joey's with me, thought that is pure nonsense. then i read the actual petition. it is simply beautifully written and very sound justifications. i'll give you some basics. the idea that chimpanzees aren't person is belied by two things. we leave them money in trusts and recognize them as persons for that. the other argument is that the supreme court has already said a corporation can be a person back

in 2010. and then they provide all kinds of statistic research showing that chimps possess this all-important cognitive ability autonomy. can they take care of themselves. >> so real quickly, especially with a corporation being a person, there's a difference between a legal person and a human being. >> absolutely. and the lawsuit makes this very point. as dan and i were speaking about this neither of us want to be on the wrong side of history. give the chimpanzees their legal personhood. human beings, there's a big distinction between the two. what this group is saying is for purposes of similarities between the two, they have cognitive functions, they can reason. they depression. they can think. they can do sign language, and as a result of that, you shouldn't treat them in a way to enslave them. release them, and let them be amongst other persons, chimpanzees. >> when i read the habeas corpus petition, i thought this is

really interesting. >> case law in there. unbelievable. >> they've got the science. >> i wish i could talk more about this. we will, we'll watch there case carefully. danny and joey, flat out of time. bye. have a great day. >> thank you, everyone for watching. around the world starts right now. this is "around the world." i'm fredricka whitfield. >> i'm michael holmes. thanks for your company today. now, we're going to talk a little bit about the train crash in new york. there have been developments. >> that's right. a deadly train crash taking place just days ago. and now we understand that the train engineer is talking and saying that he may have been in a days, quote unquote, just prior to that train derailing. let's go to washington and rene marsh for more on that. rene? >> freed and michael, we are